Exploring Premise Liability Laws

The majority of property owners and landlords take pride in the appearance of their home and business. That means clearing away dead foliage, lawn maintenance, and repairing broken fixtures. But these tasks aren’t just important for a property’s image — it can also save people from a costly lawsuit.

Businesses and homeowners are responsible for the safety of their patrons and guests, which includes maintaining their property to prevent any injuries. In the event someone is injured due to property negligence, owners may be liable for the affected party’s medical bills and other expenses.

Premise liability laws cover a wide range of scenarios, so we’ll review the essential details for property owners and injured guests to determine if you have a valid court case.

What Is Premise Liability?

Premise liability affects business owners, landlords, and private homeowners differently. Here, we will break down the presumed responsibilities of each individual and explore cases where the owner would be liable for injuries.

Premise describes the property’s location and the surrounding land. For homeowners, this encompasses all of your acreage. So, if you own 5 acres of land and a guest is injured at the back of your property due to negligent upkeep, you may be considered responsible for their injury. 

This can also include fixtures on your property, such as stairs, balconies, swimming pools, trampolines, and more.

For business owners and landlords, “premise” also describes the parking lot, escalators, walkways, and sidewalks. For example, if a customer or tenant gets injured slipping on ice and your business did not take action to reduce the fall risk, you could be sued for their medical bills.

Typically, businesses will hold premise liability insurance just in case a patron is hurt at their establishment. However, that doesn’t always mean the injured party will accept a settlement — they may opt to seek out a personal injury attorney and take the issue to court.

Arkansas Premise Liability Case Example

In 2015, the Arkansas Court of Appeals saw the case of Gary Lloyd vs Pier West Property Owners Association. Lloyd was invited to a second-floor party within the condominium complex. He approached the second floor balcony and leaned on the guardrail, which subsequently broke and sent him plummeting to the ground.

Unfortunately, the fall was devastating for Lloyd and left him with serious, life-long injuries. Therefore, Lloyd decided to sue the Pier West Property Owners Association.

The original judgment ruled in favor of the property owners, stating that Lloyd did not provide enough proof to hold the owners responsible for his injury. However, he gathered more information for his appeals case — including a testimony from a party-goer who had informed the apartment owner that the guardrail was unsteady.

Given the new information, the Arkansas Court of Appeals reversed and remanded the original judgment and ruled in favor of Gary Lloyd.

This is just one example of a premise liability case in Arkansas, but every court case will look different depending upon the circumstances surrounding the injury. That’s why you’ll need a skilled attorney on your side when fighting premise liability claims.

Looking For A Personal Injury Attorney? Hickey & Hull Can Help

Property maintenance is crucial to avoiding premise liability cases, but unfortunately, accidents due to business and homeowners’ negligence happen everyday.

If you need representation in a premise liability case, consult with the professional attorneys and paralegals at Hickey & Hull. Our personal injury team has valuable experience fighting for our client’s rights in court. Contact us by phone, email, or live chat and start planning your legal case today.